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(영문) 수원지방법원 안산지원 2020.04.24 2020고단62
폭행등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant damaged the above vehicle to KRW 200,000 for repairing cost, on the ground that the victim B (Nam, 19 years of age) was blicked, the front part of the victim’s vehicle was broken by the vehicle flick.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to field surveys, photographs of damaged parts, and reports on internal investigation;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The part dismissing the prosecution in consideration of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act does not exceed the amount of damage caused by the reason and that the victim reimburses and agrees with the repair cost

1. The summary of the facts charged was assaulted by the Defendant, on November 1, 2019, on the grounds that the victim E (Nam, 27 years of age) who operated a vehicle, passed through a one-way passage route of the “D” located in Ansan-si Member C, Ansan-si, Seoul-si, by opening a victim’s vehicle and bating the victim’s bat, in his/her hand bat, and continuously bating the victim’s face by drinking.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, it is recognized that the victim E has withdrawn his/her wish to punish the defendant on November 19, 2019, after instituting a public prosecution. Thus, this part of the public prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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